Ball v. . Broadway Bazaar
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This is both a trade-name and a trade-mark case. (Paul on Trade Marks, § 160; Dewitt v. Mathew, 18 Ky.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This is both a trade-name and a trade-mark case. (Paul on Trade Marks, § 160; Dewitt v. Mathew, 18 Ky. L. R. 257; 35 S. W. Rep. 1113; Hoyt v. Hoyt, 143 Penn. St. 623; Cady v. Schultz, 19 R. I. 193; Newman v. Alvord, 51 N. Y. 189; Hopkinson on Trade…
1Opinion of the CourtWerner, J.
At the Special Term a judgment was entered restraining the defendant from using certain designations in advertising and describing its business, which were held to be an infringement of a trade name to which the plaintiff had established an exclusive proprietary right. Upon appeal to. the Appellate Division that judgment was reversed and a new trial granted. From the order of reversal the plaintiff appeals to this court, giving the usual stipulation for judgment absolute in the event of affirmance. Since the order of reversal is silent as to the grounds upon which it is based, we must take…
2Cases cited1 opinion
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
3Cited by37 opinions
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- Fisher v. . Star Co.New York Court of Appeals · 1921
- Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Eastern Construction Co. v. Eastern Engineering Corp.New York Court of Appeals · 1927
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